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What does the EEOC’s repeal of its 2024 harassment guidance mean for employers?
On January 22, 2026, the Equal Employment Opportunity Commission voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The rescission followed a federal district court decision concluding that aspects of the Guidance were contrary to law.
In particular, the court took issue with the Commission’s treatment of LGBTQ issues in the wake of the Supreme Court’s 2020 decision in Bostock v. Clayton County.
Although the court ordered that only portions of the Guidance be vacated, the Commission withdrew it in its entirety. It is unclear whether the agency will issue revised guidance.
So, what is the impact on employers?
Broadly speaking, the repeal does not have significant legal effect. Unlike a statute or regulation, EEOC guidance does not have the force of law. It can signal enforcement priorities, but whether conduct violates Title VII is ultimately decided by the courts.
Even so, employers should still proceed with caution where LGBTQ issues arise, for several reasons.
First, the Bostock decision remains controlling law. While the Supreme Court held that Title VII protects against discrimination on the basis of sexual orientation and gender identity, it expressly left related questions—such as access to bathrooms and locker rooms, and presumably, pronoun usage—for future cases. Courts have reached differing conclusions on those issues since then.
Second, many state and local laws and ordinances expressly prohibit discrimination on the basis of sexual orientation and gender identity, and those laws remain in full force and effect.
Finally, even if the EEOC does not pursue a claim of LGBTQ discrimination or makes a no-cause determination, a private plaintiff can request a right-to-sue letter and institute a civil lawsuit on their own behalf.
The key takeaway is this: notwithstanding the rescission of the EEOC’s Guidance, employers remain obligated to maintain workplaces free of unlawful harassment and discrimination.
Regular, effective harassment prevention training – and close attention to applicable state and local law – remain critical.
At Littler, we’re here to help employers navigate these evolving issues and support their workplace training efforts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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